In California, are there damage limits on psyhiatric malpractice cases?

I would like for a lawyer to review a potential psychiatric malpractice case, but I have no idea how damages are assessed, or if there are minimum or maximum amounts an attorney would look for. I had been told in the past that because of the cost of pursuing medical malpractice claims, they would like to see at least $100K damages, is this the same for psych? Thanks.

Carpinteria, CA -

Attorney Answers (3)

Ajay Mohan Kwatra

Ajay Mohan Kwatra

Medical Malpractice Attorney - San Diego, CA

yes, you are limited to $250,000 for pain and suffering (non- economic damages) for any type medical mapractice case. You should call you county bar association and get a list of medical malpractice attorneys to call in your area. good luck!

Paul J Molinaro

Paul J Molinaro

Medical Malpractice Attorney - Corona, CA

Psychiatrists are physicians and some of the care they provide (medications, reaching an accurate diagnosis, doing appropriate tests, recognizing non-psychiatric diseases with psychiatric manifestations, providing proper treatment, prescribing drugs correctly) shares similarities with other fields of medicine. Cases against all California health care providers are highly regulated by statute - including the amount of damages a plaintiff can recover for pain and suffering. If one suspects he/she is a victim of psychiatric malpractice, he/she should consult with a local medical malpractice attorney.

- Paul

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Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA

Unless you were sexually abused by your psychiatrist, the case would likely cost more than would be recovered, however, call a local med mal lawyer in your city to discuss in detail.

Only 29% Contingency Fee! Phone: 215-510-6755

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